Legal Question in Immigration Law in Illinois

Re: 2 Year Wait

She will still need to remove the conditions and show that she entered into her first marriage in good faith, and the first marriage was entered into based upon mutual love and affection. However, that would not prevent her from remarrying. If you have further questions please contact my office to discuss further.

Re: 2 Year Wait

Once she is divorced she can file the Petition to Lift the Conditions requesting a Waiver. Assuming that the Waiver is granted and the Petition is approved then she can re-marry if she wants. Of course, she does not have to get re-married if she does not want to. If you require any additional counseling or assistance in this regard, please feel free to contact us at [email protected].

Re: 2 Year Wait

Boy, oh boy, oh boy! If she has conditional resident status, in order for her to obtain her permanent status, her husband would have to file an application to remove her "condition." If he does not, she loses her status as a lawful permanent resident. If she wants a divorce, and he does not file to remove the condition, she may be able to self-petition to remove the condition on certain grounds. She would have to show that the marriage was entered in "good faith," but something serious went wrong -- either abuse in the marriage, or something so serious that the government would not expect the person to remain married. On the other hand, if she gets divorced and remarries, the likelihood is that she will have to start all over again; why has her USC boyfriend "offered" to marry her -- doesn't sound too cool. Before the government concludes that she is "bouncing" from USC to another, she'd better figure out why she married her first husband in the first place -- she will be asked about it. Any chance she can wait and her husband will still file to remove the condition? Good luck.